The United States District Court for the District of Maryland recently held that an insurer must cover an insured’s costs to replace its computer systems following a ransomware attack. The case, National Ink and Stitch, LLC v. State Auto Property and Casualty Insurance Company, Civ. No. SAG-18-2138 (D. Md. January 23, 2020), contains lessons for business and insurance companies going forward.
Plaintiff, an embroidery and screen printing business, obtained a businessowner’s insurance policy from the defendant, State Auto. The policy provided that State Auto “will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. The policy defined “covered Property” to include “Electronic Media and Records (Including Software).” It further defined “Electronic Media and Records” to include “electronic data processing, recording or storage media [and] data stored on such media.”
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